The Insurance Arbitrator (ASS), the new alternative dispute resolution system for insurance companies, goes into operation today, Thursday, January 15. The AAS was established to offer citizens, businesses, and other eligible parties a simple, rapid, and fully digital tool for managing disputes with insurance companies or regarding insurance contracts and policies stipulated with intermediaries, as an alternative to the more bureaucratic appeal to the judicial authorities. The body is independent and impartial and the appeal does not require the assistance of a lawyer, has a low cost and allows you to obtain a decision within a certain time frame.
The Insurance Arbitrator: How it Works
The AAS operates through a College composed of five members, all appointed by IVASS. The Panel includes representatives of the Supervisory Authority, companies or intermediaries, as well as consumers or non-consumer customers, as applicable. The Technical Secretariat, established within IVASS, manages the procedure without participating in decision-making. Submitting a preliminary complaint to the insurance company or intermediary is an essential prerequisite for accessing the AAS. The complaint must concern the same facts as the subject of the subsequent appeal. Failure to do so will result in the appeal being declared inadmissible.
Here's who can appeal and in which cases
The policyholder; the insured and the beneficiary, in life insurance policies; and the injured party with a direct claim, for example, in motor vehicle liability claims, are entitled to file a complaint. Professionals in the sector are not entitled to file a complaint for disputes related to their own business. The complaint may concern, among other things:, failure to pay compensation or damages, the application of contractual clauses or conduct deemed non-compliant with the regulations governing the distribution and management of insurance policies. The contested facts must have occurred or been discovered within three years of filing the complaint. The appeal must be filed within twelve months of filing the complaint. Different value limits apply depending on the type of policy: direct claims for damages up to €2.500; life policies up to €300.000 for TCM and €150.000 for others; and property and casualty policies up to €25.000. The appeal must be submitted exclusively online through the AAS Portal. It is necessary to attach the complaint, supporting documentation, and a receipt for the €20 fee paid via PagoPA.
The investigation and the decision of the ASS
The procedure involves a structured exchange of briefs between the parties, managed by the Technical Secretariat. The adversarial process is generally concluded within 90 days, after which the file is forwarded to the Panel for a decision. The Board decides with a reasoned provision within 90 days From the conclusion of the hearing, which may be extended in more complex cases. In some cases, the decision may be made on an equitable basis. If the appeal is upheld, the fee paid by the appellant is refunded. The AAS's decisions are not binding. However, any failure to comply is made public on the AAS website and on the website of the company or intermediary concerned, with significant reputational effects. The proceedings may be concluded early by withdrawal or agreement between the parties. If the requirements are not met, the AAS declares the appeal inadmissible, without refunding the fee.
